February 7, 1989
This letter is written to respond to your letter of November 30, 1988, in which you request a clarification of the committee’s response to an inquiry by your associate Town Justice, Hon. . Your letter was considered by the Committee at its meeting of January 12, 1989.
Specifically, you inquire whether you should disqualify yourself in cases which are handled by the associate of Justice , or whether the attorney should refuse to take cases that originate in your court. The committee cannot address directly the question of the associate’s obligation with respect to cases originating in your court, because the Rules of the Chief Administrator govern only the behavior of members of the Judiciary. Section 100.5(f) of the Rules, which addresses the obligation of judges, states:
No judge who is permitted to practice law shall permit the practice of law In his or her court by the law partners or associates of another judge of the same court who is permitted to practice law.
Accordingly, you should disqualify yourself in cases handled by Judge associates.
Very truly yours,
Samuel J. Silverman